ABSTRACT
Technology development, like a coin with two sides, has both positive and negative aspects. In the digital age, the serious threat of cybercrime necessitates a unique legal framework and an efficient enforcement system to curb cybercrime in India as well as at the international level. International treaties and conventions, particularly the Budapest Convention on Cybercrime, play a vital role in harmonizing legal frameworks for preventing cybercrimes across borders. However, several challenges exist in effectively implementing these laws within the Indian criminal justice system.
This research paper examines the significance of implementing international cybercrime laws in India and the challenges faced in such implementation. The Information Technology Act, being the primary legislation in India to address cybercrimes, is restricted to specific offences and fails to address rapidly evolving cyber threats. Moreover, cybercrime legislation faces challenges due to the absence of clearly defined jurisdictional boundaries in cyberspace.
Keywords: Cybercrime, International Cybercrime Laws, Information Technology, Criminal Justice System, Indian Cyber Laws and Regulation.
INTRODUCTION
Introduction of the Study
The rapid proliferation of digital technologies has transformed the cyber world and created new avenues for illegal activities. Cybercrimes pose serious threats to individuals, organizations, governments, and property. India has witnessed a significant rise in cybercrimes, including data breaches, hacking, identity theft, cyberbullying, cyberstalking, online fraud, child exploitation, cyber terrorism, and other digital offences.
In this context, effective implementation of international cybercrime laws has become imperative to safeguard the digital ecosystem and uphold the rule of law in cyberspace. Despite the existence of domestic laws such as the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023, India’s capacity to tackle cybercrime remains limited due to outdated provisions and insufficient international cooperation.
This paper analyzes the influence, significance, challenges, and effectiveness of international treaties in strengthening domestic cybercrime legislation in India.